My Lords, emotions understandably run high on this issue, both here and on the continent. As a long-term resident on the continent, and after a lot of soul-searching over the weekend, including
consultation with multiple UK residents’ organisations that are consistent in the messages they project, I see, however, that the only course of action is to allow the Government a clear run on these negotiations.
A mixture of issues are at play this afternoon, some of which belong elsewhere. Matters such as meeting the dire needs of our health service should be parked as a subject for another day, as should other regrettable circumstances, including those of families, many with children, facing the stark reality of enforced separation or, worse, having to split up because of the quirks of being a non-EU spouse and not meeting immigration criteria set for residence in the UK. Let those needs indeed be recognised but tagged for resolution in legislative debate and amendments to an immigration or any other appropriate Act.
There is no guarantee that, should EU citizens be offered the right to remain in the UK in advance of negotiations, UK citizens’ rights to remain on the continent will be secure. It could be argued by Brussels, for example, that the UK’s need to propose this is more pressing than that of the 27 remaining members. This is where there is a coup de grâce, of which the Minister will be aware. It addresses the point wished for by the noble Lord, Lord Howard, about the need for a new fact or perspective.
Eight member states have thus far failed to notify the Commission of complete transposition into their national legislation of a citizens’ rights directive, thereby enabling working by citizens in another member state. Failure to react to the formal notice and the recent reasoned opinion necessitating compliance will be referred to the ECJ within two months. This does not help the cause behind these amendments. “Beware the small print” is an adage.
After the trigger, however, the Government could, with Brussels, agree to an across-the-EU process of removing a first stage of uncertainty by announcing that those compliant with national residency rules are good to remain. A limited grace period for compliance by others could then be agreed by mutual consent. The only practical way forward is to establish red lines on the criteria on rights to remain. Two sets of issues would then determine where the line in the sand could be drawn. First, two dates are relevant: the date of the referendum and the date of leaving the EU. Secondly, two sets of persons are relevant: those compliant with individual national residency criteria, who should be correctly registered with the national authorities of the country concerned; and those compliant with bilateral tax-treaty terms and correct reporting on the 183-day rule, taking into account primary residence status and centre of economic interests, paying national social security and municipal taxes as required, including conversion of driving licences and so on. In other words, there should be visible and verifiable commitment of intent. By complying with those conditions, one should be afforded the right to equal treatment as nationals in the country in which one is living, including the right to healthcare. The road map I propose would remove a first stage of uncertainty, from which could follow an incremental, reciprocal and mutual consent approach with Brussels that would be considered throughout the Article 50 process.
I will therefore not be supporting these amendments. They would complicate the process of exiting the EU, probably fail to deliver on a reasonable, timely and negotiated settlement, and lead to a hard Brexit.
5.15 pm